Post Conviction Relief Attorney
SERVING ALL OF OREGON – PORTLAND – BEAVERTON – GRESHAM
What is Post Conviction Relief? (PCR)
In a Post Conviction Relief proceeding, the petitioner, the person who was convicted following a trial or by pleading guilty, raises new claims why his trial or plea was unfair. A PCR petition must be filed within two years of the completion of his or her direct appeal or the date that the sentencing judgement was entered. Or, in rare extraordinary occasions, like a change in the law, the petitioner may rely on the escape clause. If the court finds that the grounds for relief asserted in the PCR petition could not have been reasonably raised within the two year applicable limitation period, the limitation period may be extended.
The petitioner begins the Post Conviction Relief process by filing a Post Conviction Relief Petition. The PCR petition sets out claims of error and explains what relief the petitioner seeks. In response, the State files an Answer Petition responding to the petitioners claims.
One of the most common PCR claims is that the defense or appeals attorney did not adequately represent the petitioner during the original trial or direct appeal process.
Post Conviction Hearings
Post Conviction Relief hearings are open to the public and the victim has the right to attend. During a PCR proceeding most of the evidence consists of written material such as affidavits/declarations, a witness’ sworn statement, and other documentary exhibits–transcripts from prior court proceedings, depositions, legal memorandum etc.
PCR proceedings generally last 30 minutes and are conducted before a judge. Typically the petitioner appears via telephone or video conferencing. The petitioner may or may testify during a PCR hearing.
The victim has a right to address the judge, however, this is uncommon and it is more likely that a victim impact statement will be submitted in writing.
Though every case is different, there are essentially two possible outcomes in a PCR proceeding: the petition for relief is denied (meaning the conviction and sentence are upheld), or the petition for relief is granted, which could result in release, a new trial, modification of the sentence, and such other relief as may be proper and just. The court may also make supplementary orders to the relief granted, concerning such matters as re-arraignment, retrial, custody and release on security.
If you are seeking a Post Conviction Relief Attorney to assist you in filing a petition or representation for a hearing, contact Robert L. Sepp Attorney at Law today for a Free Consultation.
Post Conviction Relief Attorney in Portland OR
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